Ravikumar, R v

Ravikumar, R v

The original sentence was unduly lenient because the aggravating feature of four persons being seriously injured outweighed the mitigating factors; the balancing should have resulted in an upward movement from the guideline starting point, not downward.

Parties
Applicant: Attorney-General; Respondent: Yaashmi Ravikumar
Jurisdiction
England and Wales
Judgment Date
04 September 2020
Procedural Posture
Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988; Sentencing Review
Outcome
appeal allowed; sentence increased
Legal Topics
Causing Death by Dangerous Driving, Causing Serious Injury by Dangerous Driving, Sentencing Guidelines, Leniency, Mitigating and Aggravating Factors

Case Brief

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Parties

Attorney-General

Applicant

Yaashmi Ravikumar

Respondent

Procedural Posture

Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988; Sentencing Review

  1. 1 Was the original sentence for causing death and serious injury by dangerous driving unduly lenient?
  2. 2 What is the appropriate sentence balancing aggravating and mitigating factors?

Ratio Decidendi

The original sentence was unduly lenient because the aggravating feature of four persons being seriously injured outweighed the mitigating factors; the balancing should have resulted in an upward movement from the guideline starting point, not downward.

Court Disposition

appeal allowed; sentence increased

Orders

  • Sentences imposed below quashed as unduly lenient.
  • Substituted sentence: on count 1, two years four months' detention; on counts 2-5, 18 months' detention each, all concurrent.